New Jersey Administrative Code
Title 17 - TREASURY - GENERAL
Chapter 47 - BUSINESS CERTIFICATION FOR LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER, QUESTIONING+ (LGBTQ+) BUSINESSES
Subchapter 1 - CERTIFICATION
Section 17:47-1.2 - Definitions
Current through Register Vol. 56, No. 6, March 18, 2024
The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Appeal" means a timely filed written challenge to a denial or revocation of a certification as an LGBTQ+ business.
"Applicant" means a business that applies for certification as an LGBTQ+ business pursuant to this chapter.
"Business" means an entity organized for profit including, but not limited to, an individual or individuals, sole proprietorship, partnership, limited liability company, corporation, or joint venture.
"Certification" means a determination by the Division that an applicant has met the standards for certification as an LGBTQ+ business, per these procedures.
"Control and managerial and operational control" mean authority over the affairs of a business, including, but not limited to, capital investment, property acquisition, employee hiring, contract negotiations, legal matters, officer and director selection, operating responsibility, financial transactions, and the rights of other shareholders or joint partners. Control shall not include absentee ownership. Control shall be deemed not to exist where an owner does not identify as LGBTQ+. Additionally, control shall not be deemed to exist where someone, other than someone who identifies as LGBTQ+, is disproportionately responsible for the daily operation of a business, or for policy and contractual decisions.
"Day" or "business day" means any weekday, excluding Saturdays, Sundays, State or Federal legal holidays, and State-mandated furlough days.
"Denial" means an administrative decision by the Division to reject an application for reasons, such as the submission being incomplete, inaccurate, or failing to meet the eligibility standard for an LGBTQ+ business.
"Department" means the Department of the Treasury.
"Designated hearing officer" means a State of New Jersey, Department of the Treasury employee designated by the State Treasurer to hear cases involving an appeal of a denial of a certification or a challenge to a certification, pursuant to this chapter, and to render decisions on those appeals and challenges.
"Director" means the head of the Division of Revenue and Enterprise Services, in the Department of the Treasury.
"Division" means the Division of Revenue and Enterprise Services, in the Department of the Treasury, which has been allocated the authority by the State Treasurer to certify businesses pursuant to this chapter.
"EO 295" means Executive Order No. 295 (2022), issued by Governor Murphy on May 3, 2022.
"Filed" means received by the Director or a Division representative.
"Joint venture" means a business undertaking between two or more entities who share risk and responsibility for a specific project while otherwise retaining their distinct identities.
"LGBTQ+" means a person who identifies as lesbian, gay, bisexual, transgender, queer, questioning +, or who otherwise does not identify as heterosexual or cisgender.
"LGBTQ+ business" means a business, which is:
1. A sole proprietorship, owned and controlled by a person who identifies as LGBTQ+;
2. A partnership or joint venture, owned and controlled by individuals who identify as LGBTQ+ in which at least 51 percent of the ownership interest is held by individuals who identify as LGBTQ+, and the management and daily business operations of which are controlled by one or more of the individuals who identify as LGBTQ+ who own it; or
3. A corporation or other entity, whose management and daily business operations are controlled by one or more individuals who identify as LGBTQ+ who own it, and which is at least 51 percent owned by one or more individuals who identify as LGBTQ+ or, if stock is issued, at least 51 percent of the stock is owned by one or more individuals who identify as LGBTQ+.
"Selective Assistance Vendor Information (SAVI)" means the database in which the Division maintains a public listing of small businesses, veteran's businesses, disabled veteran-owned businesses, minority, and women businesses and following the promulgation of this subchapter, LGBTQ+ businesses.
"State contracting agency" or "contracting agency" means any board, commission, committee, authority, division, college, university, department, or agency of the State that possesses the legal authority to enter into, or award, contracts for goods and services or construction contracts. A list of State contracting agencies shall be maintained at www.newjerseybusiness.gov and updated, as necessary, to reflect the addition or elimination of agencies.
